This is a compilation of the Safety, Rehabilitation and Compensation Regulations 2002 that shows the text of the law as amended and in force on 16 October 2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary1

1............ Name of Regulations........................................................................... 1

For subsection 8(9B) of the Act, the Wage Price Index, Australia (Total hourly rates of pay—excluding bonuses/all Australia/all industries/all occupations) published by the Australian Bureau of Statistics is prescribed.

For subsection 8(9B) of the Act, the further increase in normal weekly earnings mentioned in subsection 8(9D) of the Act is the amount (if any) calculated, to 3 decimal places and rounded up to 2 decimal places, in accordance with the formula:

where:

F is the greater of the following:

(a) the number calculated, to 4 decimal places and rounded up to 3 decimal places, by dividing the index number by the previous index number;

(b) 1.000.

index number is the index number of the index mentioned in regulation 5 for the quarter that ended on 31 December in the year immediately before the indexation date.

PE is the normal weekly earnings that applied immediately before the indexation date.

previous index number is the index number of the index mentioned in regulation 5 for the quarter that ended on 31 December in the previous year.

Note: Under the formula above, there will be a further increase in normal weekly earnings only if F is greater than 1.000.

For subsection 8(9F) of the Act, the Wage Price Index, Australia (Total hourly rates of pay—excluding bonuses/all Australia/all industries/all occupations) published by the Australian Bureau of Statistics is prescribed.

For subsection 8(9G) of the Act, the further increase in normal weekly earnings mentioned in subsection 8(9F) is the amount (if any) calculated, to 3 decimal places and rounded up to 2 decimal places, in accordance with the formula:

where:

F is the greater of the following:

(a) the number calculated, to 4 decimal places and rounded up to 3 decimal places, by dividing the index number by the previous index number;

(b) 1.000.

index number is the index number of the index mentioned in regulation 6A for the quarter that ended on 31 December in the year immediately before the indexation date.

PE is the normal weekly earnings that applied immediately before the indexation date.

previous index number is the index number of the index mentioned in regulation 6A for the quarter that ended on 31 December in the previous year.

Note: Under the formula above, there will be a further increase in normal weekly earnings only if F is greater than 1.000.

(2) If the licence authorises the licensee to accept liability under the Act for payments in respect of injury, loss or damage suffered by, or the death of, any of its employees:

(a) that liability is not affected by the suspension of the licence; and

(b) during the suspension period, Comcare may discharge a liability mentioned in paragraph (a); and

(c) the licensee must pay to Comcare the full amount of any liability discharged under paragraph (b), unless regulation 13A applies.

(3) If the licence authorises the licensee to accept responsibility to manage claims made by its employees:

(a) during the suspension period:

(i) the licensee must not manage those claims; and

(ii) Comcare must manage those claims in the name of the licensee; and

(iii) on receiving a claim, notice or other communication, or being served with any proceedings in relation to a claim, the licensee must give the claim, notice, communication or proceedings to Comcare; and

(iv) the licensee must give to Comcare all documents, information and assistance reasonably required for Comcare to manage those claims; and

(b) the licensee must pay to Comcare an amount determined by Comcare as the costs incurred by Comcare in managing claims under subparagraph (a)(ii), unless regulation 13A applies; and

(c) Comcare is not liable to the licensee for any act or omission in managing claims under subparagraph (a)(ii).

Note: Under section 15 of the Safety, Rehabilitation and Compensation Directions 2002, the Commission may suspend a licence held by a Commonwealth authority, but may not suspend a licence held by an eligible corporation.

(1) This regulation applies if the Commission makes a demand for payment under a guarantee that is in force relating to a Commonwealth authority whose licence is suspended.

(2) The money payable in response to the demand (guarantee money) must be paid to Comcare.

(3) Comcare must pay all guarantee money it receives into a separate bank account until the money can be dealt with in accordance with this regulation.

Note: Money that is not immediately required for the purposes of Comcare may be invested: see section 59 of the Public Governance, Performance and Accountability Act 2013 (which deals with investment by corporate Commonwealth entities).

(4) To avoid doubt, Comcare holds guarantee money on its own account and not on behalf of the Commission or the Commonwealth.

(5) Comcare may use guarantee money to do any of the following:

(a) discharge a liability mentioned in subregulation 13(2);

(b) meet a cost mentioned in paragraph 13(3)(b);

(c) reimburse itself if it has discharged a liability of that kind or met a cost of that kind without using guarantee money.

(6) If, after the end of the suspension period, Comcare determines that:

(a) there are unlikely to be any further outgoings of guarantee money under subregulation (5); and

(b) there is any guarantee money remaining;

Comcare must deal with the remaining money in the way provided for in the guarantee.

(7) However, if the guarantee does not make any provision about how the remaining money is to be dealt with, Comcare must pay the remaining money:

(a) to the Commonwealth authority; or

(b) if the Commonwealth authority no longer exists:

(i) in accordance with any legislation that makes provision about the distribution of the assets of the former Commonwealth authority; or

(ii) in any other case—to the bank or other body that paid the money to Comcare.

(2) If the licence authorised the licensee to accept liability under the Act for payments in respect of injury, loss or damage suffered by, or the death of, any of its employees:

(a) the licensee ceases to be liable under the Act for payments in respect of any injury, loss or damage suffered by, or death of, an employee occurring on or after the date when the licence is revoked; and

(b) the licensee remains liable under the Act for payments in respect of injury, loss or damage suffered by, or the death of, an employee occurring before the licence was revoked; and

(c) Comcare may discharge a liability mentioned in paragraph (b); and

(d) the licensee must pay to Comcare the full amount of any liability discharged by Comcare under paragraph (c), unless regulation 14A applies.

(3) If the licence authorised the licensee to manage claims:

(a) the licensee must not manage a claim in respect of an injury, loss or damage suffered by, or the death of, any of its employees, whenever occurring; and

(b) Comcare must manage any claims mentioned in paragraph (a); and

(c) the licensee must:

(i) on receiving a claim or a notice or communication about a claim—give the claim, notice or communication to Comcare; and

(ii) give Comcare all documents, information and assistance reasonably required for Comcare to manage claims by employees of the licensee; and

(d) the licensee must pay to Comcare an amount determined by Comcare as the costs incurred by Comcare in managing claims in respect of an injury, loss or damage suffered by, or the death of, any of its employees that occurred while the licensee held a licence, unless regulation 14A applies.

(4) An act done, decision made or notice or communication given, received or made by the licensee in managing a claim is taken to have been done, made, given or received by Comcare.

(5) If the licensee was a party to a proceedings on a matter arising under the Act that had not been completed on the date of revocation, Comcare is taken for all purposes to be the party to those proceedings in place of the licensee.

(6) The Act continues to apply to the licensee and its employees.

(7) Comcare is liable under the Act for payments in respect of injury, loss or damage suffered by, or the death of, an employee of the licensee occurring on or after the date of revocation.

(8) The licensee is liable to pay premiums under the Act in respect of liability mentioned in subregulation (7).

(1) This regulation applies if the Commission makes a demand for payment under a guarantee that is in force relating to a Commonwealth authority whose licence is revoked.

(2) The money payable in response to the demand (guarantee money) must be paid to Comcare.

(3) Comcare must pay all guarantee money it receives into a separate bank account until the money can be dealt with in accordance with this regulation.

Note: Money that is not immediately required for the purposes of Comcare may be invested: see section 59 of the Public Governance, Performance and Accountability Act 2013 (which deals with investment by corporate Commonwealth entities).

(4) To avoid doubt, Comcare holds guarantee money on its own account and not on behalf of the Commission or the Commonwealth.

(5) Comcare may use guarantee money to do any of the following:

(a) discharge a liability mentioned in paragraph 14(2)(b);

(b) meet a cost mentioned in paragraph 14(3)(d);

(c) reimburse itself if it has discharged a liability of that kind or met a cost of that kind without using guarantee money;

(d) reimburse itself for the cost of any arrangements made by it under subregulation 14B(1) that is not paid directly to Comcare by the Commonwealth authority.

(6) If Comcare has received an actuarial report assessing the total value of any amounts of a kind mentioned in paragraph (5)(a), (b) or (d) that are likely to become payable in the future, Comcare may take from the guarantee money an amount equal to the assessment.

(7) If Comcare determines that:

(a) there are unlikely to be any further outgoings of guarantee money under subregulations (5) and (6); and

(b) there is any guarantee money remaining;

Comcare must deal with the remaining money in the way provided for in the guarantee.

(8) However, if the guarantee does not make any provision about how the remaining money is to be dealt with, Comcare must pay the remaining money:

(a) to the Commonwealth authority; or

(b) if the Commonwealth authority no longer exists:

(i) in accordance with any legislation that makes provision about the distribution of the assets of the former Commonwealth authority; or

(ii) in any other case—to the bank or other body that paid the money to Comcare.

(2) If the licence authorised the licensee to accept liability under the Act for payments in respect of injury, loss or damage suffered by, or the death of, any of its employees:

(a) the licensee ceases to be liable under the Act for payments in respect of any injury, loss or damage suffered by, or death of, an employee occurring on or after the date when the licence is revoked; and

(b) the licensee remains liable under the Act for payments in respect of injury, loss or damage suffered by, or the death of, an employee occurring before the licence was revoked.

(3) If the licence authorised the licensee to accept responsibility to manage claims:

(a) the licensee must manage a claim in respect of an injury, loss or damage suffered by, or the death of, an employee occurring before the revocation; and

(b) the licensee must not manage a claim in respect of any injury, loss, damage or death occurring on or after the date of revocation; and

(c) the licensee remains a party to proceedings in respect of any matter arising under the Act that had not been completed on the date of revocation.

(4) Except as provided by subregulations (2) and (3):

(a) the Act ceases to apply to the licensee and its employees; and

(b) the laws of the States and Territories providing for workers’ compensation apply to the licensee.

(a) the Commission makes a demand for payment under a guarantee that is in force relating to an eligible corporation; and

(b) the licence of the eligible corporation is revoked:

(i) at the initiative of the Commission under paragraph 106(1)(b) of the Act; or

(ii) at the request of the eligible corporation under section 107 of the Act.

(2) The money payable in response to the demand (guarantee money) must be paid to Comcare.

(3) Comcare must pay all guarantee money it receives into a separate bank account until the money can be dealt with in accordance with this regulation.

Note: Money that is not immediately required for the purposes of Comcare may be invested: see section 59 of the Public Governance, Performance and Accountability Act 2013 (which deals with investment by corporate Commonwealth entities).

(4) To avoid doubt, Comcare holds guarantee money on its own account and not on behalf of the Commission or the Commonwealth.

(5) Comcare may take from the guarantee money:

(a) any amounts needed:

(i) to discharge any liability mentioned in paragraph 15(2)(b) that it decides to discharge; and

(ii) to meet claims management costs, for any claims mentioned in paragraph 15(3)(a) (relevant claims) that it decides to manage or arrange to be managed, that are not paid directly to Comcare by the eligible corporation; and

(iii) to enable Comcare to meet the cost of any arrangement mentioned in subregulation 15B(1) that it decides to make; and

(b) if Comcare has received an actuarial report assessing the total value of any amounts needed for a purpose mentioned in paragraph (a) that are likely to become payable in the future—an amount equal to the assessment.

(6) If Comcare determines that:

(a) there are unlikely to be any further outgoings of guarantee money under subregulation (5); and

(b) there is any guarantee money remaining;

Comcare must deal with the remaining money in the way provided for in the guarantee.

(7) However, if the guarantee does not make any provision about how the remaining money is to be dealt with, Comcare must pay the remaining money:

(a) to the eligible corporation; or

(b) if the eligible corporation no longer exists:

(i) in accordance with any legislation that makes provision about the distribution of the assets of the former eligible corporation; or

(ii) in any other case—to the bank or other body that paid the money to Comcare.

(8) Comcare may decide:

(a) to manage relevant claims; or

(b) to arrange for some, or all, relevant claims to be managed by a person:

(i) whom it considers suitable to manage the claims; and

(ii) who is willing to enter into an arrangement with Comcare for the management of the claims.

(9) If Comcare manages a relevant claim under paragraph (8)(a), Comcare must determine an amount as the costs incurred by Comcare in managing the claim.

(10) Each of the following is a claims management cost:

(a) the cost of an arrangement mentioned in subparagraph (8)(b)(ii);

(b) the amount mentioned in subregulation (9).

(11) The eligible corporation must:

(a) on receiving a relevant claim or a notice or communication about a relevant claim—give the claim, notice or communication to Comcare; and

(1) If the payment of money by Comcare under subregulation 14A (7) or (8) or 15A(6) or (7) results in the acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.

(2) If the Commonwealth and the person do not agree on the amount of compensation, the person may start proceedings in a court of competent jurisdiction for recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

(3) In determining a reasonable amount of compensation under this regulation, regard must be had to any amount of compensation paid or payable to the person in relation to the acquisition by a person other than the Commonwealth.

(4) In this regulation:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

(1) For paragraph (c) of the definition of Entity in subsection 4(1) of the Act, each person, body, organisation or group of persons mentioned in an item of Schedule 4 is prescribed.

(2) For paragraph (c) of the definition of principal officer, in relation to an Entity, in subsection 4(1) of the Act, the principal officer of an Entity mentioned in column 2 of Schedule 4 is the person from time to time holding or acting in the office mentioned in column 3 in relation to that Entity.

apply to the Safety, Rehabilitation and Compensation Commission (the Commission) for the grant of a licence to the applicant under section 102 of the Safety, Rehabilitation and Compensation Act 1988 (the Act).

SCOPE OF LICENCE

The applicant applies for a licence with the following scope:

(delete whichever is not applicable)

(a) a licence to accept liability to pay compensation and other amounts under the Act in respect of particular injury, loss or damage suffered by, or in respect of the death of, some or all employees;

AND/OR

(b) a licence authorising the licensee to manage some or all of the claims by employees of the licensee.

Note: An eligible corporation must apply to the Commission for a licence with scope for both acceptance of liability and acceptance of the management of claims—see subsection 98A(3) of the Act.

The applicant applies for a licence to apply to:

(delete whichever is not applicable)

(a) some of its employees; OR

(b) all of its employees.

PARTICULARS AND INFORMATION

Insert here the particulars of the applicant and information to be contained in the application as prescribed by regulations 11 and 12 under paragraphs 102(1)(b) and (c) of the Act.

Note: The applicant must attach to this application the documents prescribed by regulations under paragraph 102(1)(c) of the Act.

The applicant certifies that the particulars and information provided are correct and that any copies of documents provided are true copies of the originals of those documents.

UNDERTAKINGS

The applicant undertakes to pay to Comcare the application fee equal to the amount estimated by the Commission to be the cost of considering the application in accordance with subsection 102(2) of the Act.

If a licence is granted to the applicant, the applicant undertakes to:

·comply with the requirements of the Act that apply to it; and

·comply with any conditions laid down in the Act and any conditions that may be determined from time to time by the Commission; and

(a) if the applicant has been established for more than 5 years—for the last 5 years; or

(b) if the applicant has been established for less than 5 years—for the period since the applicant was first established or incorporated

2

Copies of full annual reports and audited financial statements:

(a) if the applicant has been established for more than 5 years—for the last 5 years; or

(b) if the applicant has been established for less than 5 years—for the period since the applicant was first established or incorporated

3

A copy of the consolidated financial statements for the year to date

4

If employees are not currently covered under the Act—details of the applicant’s current arrangements to meet workers’ compensation liabilities

5

A statement by:

(a) the directors or members of the governing body (if any); or

(b) if there are no directors or governing body, the principal officer;

of any event or likely event that may affect the applicant’s suitability to hold a licence, including details of any likely change to the legal structure or ownership of the applicant and the effect of any such change on the workers’ compensation entitlements of the applicant’s employees

6

A statement by a Fellow of the Institute of Actuaries of Australia of the liabilities that the applicant is likely to incur over the first 12 months of the period of the licence

Whether, for the purpose of securing its liabilities under the Act, the applicant will:

(a) arrange for a guarantee acceptable to the Commission to be provided and secure appropriate reinsurance; or

(b) lodge securities guaranteed by the Commonwealth or a State or Territory and secure appropriate reinsurance; or

(c) arrange for a guarantee acceptable to the Commission to be provided and lodge securities guaranteed by a Commonwealth or a State or Territory and secure appropriate reinsurance arrangements; or

(d) establish a captive insurance company (as a wholly owned subsidiary), incorporated or to be incorporated in Australia

2

If the applicant states that it will arrange for a guarantee acceptable to the Commission to be provided and secure appropriate reinsurance:

(a) details of the proposed guarantee and reinsurance arrangements, including the name of the issuing body, name of the insurer and amounts of the guarantee and reinsurance; and

(b) a copy of the proposed guarantee and reinsurance policy

3

If the applicant states that it will lodge securities guaranteed by the Commonwealth or a State or Territory and secure appropriate reinsurance:

(a) details of the nature of the proposed securities and reinsurance arrangements, including the name of the insurer and face value of the securities and amount of reinsurance; and

(b) a copy of the proposed reinsurance policy

4

If the applicant states that it will arrange for a guarantee acceptable to the Commission to be provided and lodge securities guaranteed by a Commonwealth or a State or Territory and secure appropriate reinsurance arrangements, the information and documents mentioned in items 2 and 3

5

If the applicant states that it will establish a captive insurance company:

(a) the name or proposed name of the captive insurance company; and

(b) the date and place when the captive insurance company was incorporated or is proposed to be incorporated; and

(c) a copy of the proposed contract between the applicant and the captive insurance company.

Note: A captive insurance company mentioned in items 1 and 5 will be subject to the Insurance Act 1973 and to regulation by the Australian Prudential Regulation Authority under the Australian Prudential Regulation Authority Act 1998 and the Insurance Act 1973.

Whether the applicant proposes to manage claims by employees within the applicant, or by engaging another person for that purpose

2

If the applicant proposes to engage another person to manage claims:

(a) the name of the person to be engaged; and

(b) a statement of capacity and credentials of the person to manage claims and of the arrangements proposed for the management of claims by the person

3

The proposed number, location, classification and expertise of staff who will manage claims

4

The proposed administrative procedures for ensuring that employees are aware of their rights and of the process for lodging claims for compensation

5

The proposed procedures for lodging and deciding claims for compensation

6

The proposed administrative and financial limitations for each level of claim managers

7

The proposed arrangements for training claims management staff

8

Details of the system that will be used to manage and monitor claims and to provide management information on the performance of the claims management function

9

The proposed arrangements for developing and implementing policy, practices and procedures, including arrangements for consulting employees

10

The proposed arrangements for ensuring the confidentiality and security of claims management information in individual claims, including:

(a) whether the applicant is subject to the information privacy principles, national privacy principles or any approved privacy code under the Privacy Act 1988; and

(b) a copy of the applicant’s personal information policy (if any)

11

The proposed policy on the use of covert surveillance in claims management, with particular reference to Part 2 of the ‘Covert surveillance in Commonwealth administration: Guidelines’ (relating to the use of covert surveillance in the management of claims under the Act) published by the Federal Privacy Commissioner in February 1992

12

The proposed arrangements and procedures for the reconsideration and review of decisions, including:

(a) the location, classification and expertise of persons who will have responsibility for those functions; and

(b) the situation of those persons within the applicant or external agency in relation to the primary decision makers

Note: The Guidelines mentioned in item 11 can be found on the Privacy Commissioner’s website at http://www.privacy.gov.au/publications/covertsurveillance.doc.

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.